Is this legal???

Debshe271

Hi!
Due to being involved in a 'not at fault' traffic accident, I recently had to try and purchase a new vehicle. Having not been paid a lot of money for my vehicle which had been written off, I had to apply for finance. Unfortunately due to circumstances beyond my control I had a ccj placed against me some four years ago. When I applied for finance I declared this and was told that was not a problem and my finance was subsequently agreed, albeit at a higher rate.
Having then found a vehicle, I paid a deposit, the vehicle needed a couple of things done which was agreed as part of the sale but took 10 days to do. Just when I was told the vehicle was ready I was informed by the dealer that my credit had been declined because the agency that had placed the ccj against me had contacted the finance company and said they would put a charge on the vehicle and therefore they would not get their money. I am now left carless and will be unable to go to work. Is this practice legal?
regards

rizla_king

Not legal at all.

tinkerbell28

No it is not legal. So if it is true, I'd sue for damages.

HOWEVER.

I cannot believe a car dealer and finance company would fall for this? They must know surely it can't be done? So I'd be wondering if, you were declined and despite all the promises they were too embarrassed to say?

I'd be on to both parties pronto, to get to the bottom of it as you are considering legal action as that is simply unlawful....then see what comes up.

The credit check would show pretty much instantly, but I'm surprised how very quickly they have managed to jump on this and find the dealer....which is why I suspect something isn't right the dealers end....

Are you paying the ccj under the agreed terms?

Debshe271

Thank you both for your replies. Tinkerbell I suspect you are right in that you say it is the dealer, I have been completely messed around by them in that they told me the vehicle would be ready 'tomorrow' for 10 days on a row!
However, I am somewhat concerned if this is the case. I've checked my credit file and the culprits concerned (if the dealer is to be believed) are Cabot financial (ccj) and hitachi finance.
Do you think I should contact them direct?
Kind regards for your time.

tinkerbell28

What I would do...is just ask the dealer who they spoke to and when as you've taken advice. They don't need to know it's from forum non experts

That you are considering further action against the finance company who did this as it is unlawful.....you may then get the excuses pouring out. You know then they've spun you a line.

A lot of dealers promise the earth and then don't want to say when they've not come through. The car finance would have probably been secured on the car.

The thing is a decline is not surprising with a CCJ on record, it all depends on if you've been paying it, etc. If it is still outstanding then I can see the reason for decline. You could be pulled back to court. If you can afford car finance, you can afford to give them more. So if it is outstanding, I'm presuming it is, a decline was inevitable IMVHO. As they have the powers to take you back to court, take assets if the car was not on secured finance and get the court to challenge you why you are not putting that money into your existing debt.

If they are adamant then yes contact cabot.

Debshe271

Thank you Tinkerbell.
Sorry I should have added that I am paying an agreed monthly amount and have never defaulted on that arrangement.
I have just telephoned the dealer and have asked him for the details of his finance company, he stated that he will call me tomorrow with them (surely he would have them to hand!) and then he said that the finance company told him they would not give credit if a ccj was not satisfied! A slightly different story and wouldn't they have told him initially??
Having laid my cards on the table i feel somewhat taken for a ride by him, not literally unfortunately! Cabot have not checked my file recently so I feel he has been telling lies!
Am in panic mode now as took annual leave to cover my carelessness which has now come to an end.

Debshe271

Carlessness not carelessness that should have been.

tinkerbell28

Debshe271 wrote: »

Thank you Tinkerbell.
Sorry I should have added that I am paying an agreed monthly amount and have never defaulted on that arrangement.
I have just telephoned the dealer and have asked him for the details of his finance company, he stated that he will call me tomorrow with them (surely he would have them to hand!) and then he said that the finance company told him they would not give credit if a ccj was not satisfied! A slightly different story and wouldn't they have told him initially??
Having laid my cards on the table i feel somewhat taken for a ride by him, not literally unfortunately! Cabot have not checked my file recently so I feel he has been telling lies!
Am in panic mode now as took annual leave to cover my carelessness which has now come to an end.

There you go then. As I thought, I wouldn't contact cabot. You have your reason. The finance company would never have given finance with an outstanding CCJ. So you've been spun a lie.

The problem is with a CCJ, you agree a payment plan with the court. If you start racking up finance, then the people who have the CCJ could go back to the court saying you haven't been paying as much as you could. I presume you agreed with the court what you could afford? Or a nominal payment?

usefulmale

Get your deposit back and walk away. Buy a cheap little runaround for cash.

Buzby

As I see it - a CCJ is just that, a judgement. It is not known by the dealership if you paid it following the issuance of it. If you did, then the scenario they outlined to you originally would be correct.

However, if there was still a debt owing, the creditor can ensure first dibs by seeking to grab the right to intercept funds or indeed force a sale, but only if the financial interest of the user (not owner) is enough to get enough back. If HP, then the chances of this happening are slim. If a credit sale, the purchaser is at greater risk.

Debshe271

I agreed a nominal payment, to be honest I fought against the ccj in court as felt I had a good case against it but lost unfortunately. The thing is what these people don't understand is no car = no work = no money, for anyone!
However, it does appear that I have been strung along by some dodgy car dealer - and I thought they were all so honest! Lol
This is me trying to remain positive! Ho hum.
Thank you for your time Tinkerbell it felt good to bounce this off someone else and helped to get to the bottom of it.
I just need to find some solution.